In what circumstances will a court admit a holograph will that was written in 2001 after a falling out with family members?
Ontario, Canada
The following excerpt is from McGrath v. Joy, 2020 ONSC 7454 (CanLII):
In Niziol v. Allen 2011 ONSC 7457, a note was written in 2001, after the testator had a falling out with family members. She then died in 2003. The court found no suspicious circumstances and admitted the holograph will to probate.
In Poppwich v. Capasso 2012 ABQB 665, the testator wrote a long letter to her mother on the day she died. The court found that the technical requirements for a holograph will were present and that she had capacity but the letter was not testamentary in nature and was not admitted to probate.
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